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provide a framework for every dispute and specify what must be done @ each stage of litigation process |
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dispute facts, what law applies, and how it should be applied
limited general juris. |
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in most states there is at least 1 appeal |
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power to hear and decide on a case |
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before a court can hear a case it must 1st..... |
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have juris. over both the person against whom the suit is brought or the property involved, & the subject matter of the case |
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allows for juris. over non-resident defendants provided the non-resident defend. has minimum contacts w/ the state |
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subject matter jurisdiction |
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court is limited in types of cases it can hear |
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courts of original juris. |
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courts of appellate juris. |
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fed. courts have SMJ in.... |
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federal question & diversity of citizenship |
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a suit which involves a question arising under the Constitution or fed. law |
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involves citizens of different states, a foreign country, & and american citizen or a foreign citizen and an american citizen. |
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both state & fed. courts have power to hear a case |
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when case can only be heard in fed. court or state courts |
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most appropriate location for trial |
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the party must have suffered a harm or threatened of a harm |
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3 stages of litigation process |
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pretrial, trial, post trial |
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fixed fees (u owe x amount regardless)
hourly fees
contingency fees (based on if u win/lose) |
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inform each party of others' claims |
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may be based on any of several grounds |
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recorded interviews of a party or witness |
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set rules 4 trial
any chance of settling litigation |
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u aren't picking jurors u are weeding them out |
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question your own witness |
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question your own witness |
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convince jury
bets are off |
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